Case law

Brown v. Brown

257 A.D.2d 467 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1999

Even if we were to find that defendant’s proposed counterclaim validly set forth a cause of action for divorce on the ground of cruel and inhuman treatment (see, Smith v Smith, 206 AD2d 255 , lv dismissed 84 NY2d 977 ) or … abandonment before the Referee would unjustifiably prejudice plaintiff by belatedly introducing an entirely new theory into the case (see, Symbax, Inc. v Bingaman, 219 AD2d 552, 553 ).

Manning v. Brown

232 A.D.2d 849 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 1996

Brown and Julie E. Brown, referred to by Amidon as her grandparents. … In addition to rebutting the presumption that Amidon drove the car with the Browns’ consent (see, Leonard v Karlewicz, 215 AD2d 973, 974-975 ; Koenig v Price, 200 AD2d 559, 560 ), the foregoing facts also sufficiently establish

People v. Brown

2024 NY Slip Op 03438 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 2024

People v Brown ( 2024 NY Slip Op 03438 ) People v Brown 2024 NY Slip Op 03438 Decided on June 20, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … No. 10018/21) [*1]The People of the State of New York, appellant, v Kasson Brown, respondent. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Eric C. Washer, and Danielle M.

People v. Brown

114 A.D.2d 1035 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 1985

no waiver, and no exigent circumstances, a probation officer may not search a probationer’s personal property, except as incident to arrest, unless a search order pursuant to CPL 410.50 (3) is first obtained (see, People v … P., Brown, Rubin and Lawrence, JJ., concur.

People v. Brown

155 A.D.2d 306 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1989

however, the reason why they might not have been conducted or the police guidelines relative thereto was an ancillary issue, on which there was no evidence presented, and the court’s charge was correct (compare, People v

Myers v. Brown

142 A.D. 658 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 1911

Brown the sum of Ten 10,000.” Mr. James J. … Y. 266 ; Southwick v. First Nat. Bank of Memphis, 84 id. 420 ; Romeyn v. Sickles, 108 id. 650 ; Freeman v. Grant, 132 id. 22; Gordon V. Ellenville & Kingston R. R. Co., 195 id. 137; Keefe v. Lee, 197 id. 68.)

People v. Brown

33 A.D.3d 1016 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 2006

This claim is unpreserved for appellate review (see CPL 470.05 [2]; People v Edwards, 28 AD3d 491, 492 [2006]; People v Seeley, 13 AD3d 562 [2004]; People v Barrett, 11 AD3d 551, 552 [2004]; People v Bolton, 213 AD2d 660 … Krebs, 11 AD3d 713 [2004]; People v Porter, 161 AD2d 811 [1990]; People v Harris, 134 AD2d 369, 369-370 [1987]).

Welz v. Brown

2024 NY Slip Op 03021 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 2024

Welz v Brown ( 2024 NY Slip Op 03021 ) Welz v Brown 2024 NY Slip Op 03021 Decided on June 04, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. … Index No. 151408/21 Appeal No. 2423 Case No. 2023-02962 [*1]Theodore Welz et al., Appellants, v Ailene Brown, Respondent, SN Funding LLC, et al. Defendants. Rosenberg & Estis, P.C., New York (Christopher A.

Brown v. Condon

186 A.D.2d 43 · Appellate Division of the Supreme Court of the State of New York · Sep 17, 1992

Petitioner left the scene of an accident and refused to take a breathalyzer test when ordered to do so by a superior officer (see, Matter of Holder v Sielaff, 184 AD2d 228 ; Thomas v City of New York, 169 AD2d 496 ; see also … , Matter of Soto v Koehler, 171 AD2d 567 , lv denied 78 NY2d 855 ).

Brown v. State

6 A.D.3d 756 · Appellate Division of the Supreme Court of the State of New York · Apr 1, 2004

merit” (Matter of Perez v State of New York, 293 AD2d 918, 919 [2002]; see Matter of Lynch v State of New York, 2 AD3d 1002, 1003 [2003]). … Here, claimant offered no explanation, other than his ignorance of the law, for the two-year delay in bringing his application (see Matter of Lynch v State of New York, supra at 1003; Matter of Sandlin v State of New York

Dash v. Brown

199 A.D.2d 41 · Appellate Division of the Supreme Court of the State of New York · Dec 7, 1993

As probationary employees, petitioners were subject to being terminated without a hearing and without any reasons stated therefor (Matter of Rivoli v Stern, 160 AD2d 601, 602 ). … for that of the administrative body as to the severity of the acknowledged behavior (see, Matter of Soto v Koehler, 171 AD2d 567, 569 , lv denied 78 NY2d 855 ).

Brown v. Krueger

13 A.D.3d 1182 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2004

Corp. v Sear-Brown Group, 269 AD2d 749, 749 [2000]; see Borland v Sampson Steel Fabricators, 298 AD2d 831, 833 [2002]; Sumell v Wegmans Food Mkts., 254 AD2d 702 [1998]).

Brown v. State

52 A.D.2d 1079 · Appellate Division of the Supreme Court of the State of New York · May 28, 1976

(Levin v State of New York, 13 NY2d 87, 92-93 ; Bauer v State of New York, 37 AD2d 1004 ; Miller Paper Co. v State of New York, 34 AD2d 880 .) … While it is clear that benefits to the remaining land may be deducted from consequential damages (Chiesa v State of New York, 36 NY2d 21 ), there must be' proof of such benefits (Hogan v State of New York, 41 AD2d 428, 429

People v. Brown

6 A.D.3d 358 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 2004

Ayala v New York, 522 US 1002 [1997]). … Herring, 83 NY2d 780 [1994]; People v Vaughan, 300 AD2d 104 [2002], lv denied 99 NY2d 633 [2003]; People v Leon, 295 AD2d 143 [2002]).

People v. Brown

309 A.D.2d 1084 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 2003

]; People v Gonzalez, 299 AD2d 581, 582 [2002]). … v Goodings, 277 AD2d 725 [2000], lv denied 96 NY2d 735 [2001]).

People v. Brown

107 A.D.2d 754 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 1985

We have reviewed the record and do not find that the arresting officer’s testimony was either incredible as a matter of law or patently tailored to avoid constitutional objections (see People v Berrios, 28 NY2d 361 ; People … v Hardy, 106 AD2d 403 ; People v Parmiter, 55 AD2d 938 ; People v Garafolo, 44 AD2d 86 ).

People v. Brown

182 A.D.2d 451 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 1992

Thus, defendant lacked standing to challenge the admission of the weapon (see, People v Wesley, 73 NY2d 351, 359 [1989]).

People v. Brown

133 A.D.2d 463 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 1987

Accordingly, the error was harmless (see, People v Pitello, 97 AD2d 801 ; cf., People v Jones, 57 AD2d 905 ). … J., Mangano, Brown and Lawrence, JJ., concur.

Brown v. Davis

88 A.D.2d 702 · Appellate Division of the Supreme Court of the State of New York · May 13, 1982

In these circumstances, the order of dismissal must be affirmed (Oliver v Basle, 55 AD2d 975 ). Order affirmed, with costs. Mahoney, P. J., Sweeney, Casey, Yesawich, Jr., and Weiss, JJ., concur.

Goldfinger v. Brown

169 A.D.2d 702 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 1991

However, this transaction was barred by tbe Statute of Frauds contained in UCC 8-319 (a) (see, Gross v Vogel, 81 AD2d 576 ), and not subject to any of the exceptions therein. … Inasmuch as none of these writings is signed by the party to be charged, this contention is unavailing (see, Fox Co. v Kaufman Org., 74 NY2d 136 ; Crabtree v Arden Sales Corp., 305 NY 48 ). Bracken, J.